Category: Virginia Supreme Court Opinions

431 S.E.2d 642 PAIGE LOHR v. DOUGLAS LARSEN, M.D. 48811 Record No. 921180Supreme Court of Virginia. June 11, 1993 Present: All the Justices In a medical malpractice case the trial court correctly held that a state-employed public health physician is entitled to the protection of the doctrine of sovereign immunity from liability for his alleged […]

267 S.E.2d 89 JANE MONFALCON BRISTOW v. LEWIS ADDISON BRISTOW 43962 Record No. 780483.Supreme Court of Virginia. June 6, 1980 Present: All the Justices. Spousal support in no-fault divorce should not be denied solely on basis of short duration of marriage and without consideration of all factors defined in Code Sec. 20-107. (1) Domestic Relations […]

372 S.E.2d 751 BENDERSON DEVELOPMENT COMPANY, INC., ET AL. v. PAUL A. SCIORTINO, ETC. 45758 Record No. 850938Supreme Court of Virginia. September 23, 1988 Present: All the Justices The constitutionality of Virginia’s Sunday-closing laws is reviewed and final judgment entered upon a finding that these laws are unconstitutional special laws as applied to the plaintiffs […]

85 S.E.2d 223 THOMAS I. MARSHALL, ADMINISTRATOR OF THE ESTATE OF ADA B. MARSHALL STROTHERS, DECEASED v. PEGGY ANN SHAW. 39565 Record No. 4286.Supreme Court of Virginia. January 17, 1955 Present, Hudgins, C.J., and Eggleston, Spratley, Buchanan, Miller and Smith, JJ. (1) Evidence — Questions as to Alcohol on Breath — Erroneous Refusal to Permit […]

400 S.E.2d 151 TYSONS INTERNATIONAL LIMITED PARTNERSHIP, ET AL. v. BOARD OF SUPERVISORS OF FAIRFAX COUNTY 46801 Record No. 900673Supreme Court of Virginia. January 11, 1991 Present: Carrico, C.J., Compton, Stephenson, Russell, Whiting, and Lacy, JJ., and Cochran, Retired Justice The trial court erred in finding that the county assessor had properly considered contract rent […]

545 S.E.2d 541 ELBERT LAMONT McCAIN v. COMMONWEALTH OF VIRGINIA. Record No. 001989.Supreme Court of Virginia. April 20, 2001. Present: Carrico, C.J., Lacy, Hassell, Keenan, Koontz, and Lemons, JJ., and Whiting, S.J. Investigating individuals parked by a sidewalk at 2:00 a.m. in an area of known drug trafficking, an officer asked defendant for identification, conducted […]

164 S.E.2d 685 WILLIAM SINCLAIR CLARK v. KAY EUNICE GENERT CLARK. 42143 Record No. 6759.Supreme Court of Virginia. December 6, 1968 Present, All the Justices. (1) Pleading and Practice — Divorce — Chancellor’s Finding. (2) Divorce — Custody of Child — Fitness of Mother. 1. Chancellor’s finding upon evidence heard ore tenus should be accorded […]

495 S.E.2d 247 EDWIN W. LYNCH, JR. v. COMMONWEALTH TRANSPORTATION COMMISSIONER, ET AL. Record No. 970278Supreme Court of Virginia. January 9, 1998 Present: Carrico, C.J., Compton, Hassell, Keenan, Koontz, and Kinser, JJ., and Whiting, Senior Justice In a case involving a landowners liability to refund overpayment received in a condemnation case pursuant to a petition […]

213 S.E.2d 759 COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TAXATION v. PROGRESSIVE COMMUNITY CLUB OF WASHINGTON COUNTY, VIRGINIA INCORPORATED. 43193 Record No. 740601.Supreme Court of Virginia. April 28, 1975 Present, All the Justices. (1) Constitutional Law — Tax Exemption — Strict Construction. (2) Sales tax — Exemption — Institution of Learning. (3) Statutory Construction — Administrative […]

356 S.E.2d 844 JAMES F. TYLER COMPANY ASSOCIATES, INC., ET AL. v. PAUL RAIBLE, JR. 45122 Record No. 840606Supreme Court of Virginia. June 12, 1987 Present; Carrico, C.J., Cochran,[*] Poff, Compton, Stephenson, Russell, and Thomas, JJ. [*] Justice Cochran participated in the hearing and decision of this case prior to the effective date of his […]

323 S.E.2d 567 BOBBY DEAN BRADSHAW v. COMMONWEALTH OF VIRGINIA 44730 Record No. 831554.Supreme Court of Virginia. November 30, 1984. Present: All the Justices. Defendants conviction of first-degree murder and the use of a firearm in the commission of two homicides sustained; confession admitted when spontaneously offered afte Miranda warning and request for counsel; when […]

300 S.E.2d 785 ROANOKE GAS COMPANY v. STATE CORPORATION COMMISSION 44459 Record No. 820485.Supreme Court of Virginia. March 11, 1983 Present: Carrico, C.J., Cochran, Poff, Compton, Thompson,[*] Stephenson, and Russell, JJ. [*] Justice Thompson participated in the hearing and decision of this case prior to the effective date of his retirement on March 2, 1983. […]

156 S.E.2d 603 NORVIEW CARS, INC. v. GERALD CREWS. 41983 Record No. 6473.Supreme Court of Virginia. September 8, 1967 Present, All the Justices. Damages — Loss of Market Value — Not Cost to Repair. Parties stipulated liability, loss of market value and cost to repair which exceeded loss of market value substantially. In case of […]

574 S.E.2d 246 DONNA P. THURMOND v. PRINCE WILLIAM PROFESSIONAL BASEBALL CLUB, INC., ET AL. Record No. 020116.Supreme Court of Virginia. January 10, 2003. Present: All the Justices. Plaintiff attended a minor league professional basebail game in a stadium where signs warned spectators about the risk of being struck by objects batted or thrown from […]

117 S.E.2d 135 HENDERSON KIRK, ET AL. v. HONORABLE E. T. CARTER, JUDGE, ETC., ET AL. 41168 Record No. 5216.Supreme Court of Virginia. November 28, 1960 Present, All the Justices. Original Petition for Writ of Mandamus. Mandamus awarded. Mandamus — Election Contest — Writ Issued to Give Hearing on Merits. Petitioners, by proceedings instituted under […]

132 S.E.2d 455 LLOYD EDWARD SMITH v. JOHN HENRY SPRADLIN. 204073 Record No. 5576.Supreme Court of Virginia. September 11, 1963 Present, Eggleston, C. J., and Spratley, Buchanan, Snead, I’Anson and Carrico, JJ. (1) Automobiles — Pedestrian Struck in Center of Street — Plaintiff Held Contributorily Negligent. (2) Automobiles — Last Clear Chance — Doctrine Inapplicable. […]

147 S.E.2d 131 RUDEE INLET AUTHORITY v. CHARLES W. BASTIAN, ET AL. 41805 Record No. 6124.Supreme Court of Virginia. March 7, 1966 Present, All the Justices. (1) Eminent Domain — Acquisition of Property for Harbor Facilities — Held Public Use. (2) Eminent Domain — Unrestricted Power to Sell or Lease Property Condemned — Renders Grant […]

587 S.E.2d 570 BOARD OF SUPERVISORS OF FAIRFAX COUNTY, ET AL. v. RICHARD M. ROBERTSON. Record No. 030039.Supreme Court of Virginia. October 31, 2003. Present: All the Justices. Plaintiff owns 2.78 acres of real estate located abutting a busy airport access road. Because of the property’s configuration, virtually all the parcel lies within a 200-foot […]